Legal briefing notes

Approval and legalization of redevelopment and/or reconstruction with a lawyer.

How to legalize the redevelopment in Voronezh

Redevelopment is a change in the configuration of a real estate object, which requires changes to the technical passport of this object, and reconstruction is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, which also require changes to the technical passport of the property.

The essence of redevelopment is the transfer and dismantling of partitions, the transfer and arrangement of doorways, additional kitchens and bathrooms, the expansion of living space due to auxiliary premises, as well as elimination of dark kitchens and entrances to kitchens through apartments or living quarters and other works, as a result of which the characteristics of the premises change without the formation of new or new real estate objects. According to paragraph 1 of article 26 of the Housing Code of the Russian Federation, redevelopment of premises in an apartment block is carried out according to the requirements of the law and in coordination with the local government body based on decision that was made. Housing legislation establishes a standard list of documents for approval of reconstruction and (or) redevelopment of premises in an apartment block.

This list generally includes:

  • application for reconstruction and (or) redevelopment;
  • documents of entitlement (certificate of ownership or extract from the Unified State Register of Immovable Property);
  • reconstruction and (or) redevelopment project;
  • technical passport and other documents depending on specific circumstances.

After submitting the necessary documents, the authorized body (as a rule, a local government body) either makes a decision to approve the requested redevelopment and / or reconstruction, or to refuse to approve such work. If the works are agreed, then you can safely proceed to them, and after they are completed, the acceptance committee of the body that approved these works will check their actual compliance with what was agreed. An act should be drawn up on the results of such acceptance of work that will be the basis for making changes to the characteristics of the property.

If the works have not been agreed upon, then the refusal can be challenged in court. In addition, in practice, there are such situations when the owner of the premises (for example, simply because he does not know legislation) actually performed the necessary work on redevelopment and / or reconstruction without taking any action to coordinate these works.

Such cases may cause for these persons the imposition of an administrative fine according to part 2 of article 7.21 of the Administrative Violations Code of the Russian Federation that will be in the following sizes:

  • for natural entities is in the amount of 2 thousand to 2.5 thousand rubles;
  • for officials is from 4 thousand to 5 thousand rubles;
  • for legal entities is from 40 thousand to 50 thousand rubles.

If you do not really care about fines, then you should know that this is not all. Except fines, the violator should also return the premises to the “before” state within a reasonable time. If this is not done, then according to the request of the authorized body the court may decide to sell the premises at auction, and pay the proceeds to the violator after deducting the costs of the execution of the judicial act.

But there is a way out of here too. According to the paragraph 4 of article 29 of the Housing Code for persons who have made unauthorized redevelopment and / or reconstruction, there is the right to apply to the court with a claim for the preservation of the object is provided real estate in the “after” state, even if there were not any attempts to coordinate these works administratively. The key aspects of the successful legalization of such work in court will be proof that the work carried out falls under the category of redevelopment / or reconstruction (and not, for example, rebuilding), as well as the fact that the result of these works is safe for an unlimited number of people and does not violate their rights. In this case, a positive court decision “replaces” the act of the acceptance commission in the administrative procedure, that is, it will be the basis for making changes to the premises. It is important to notice that as a result of the adoption of Federal Law No. 558-FL from December 27, 2018, the norms of the Housing Code on redevelopment and reconstruction were also extended for non-residential premises in apartment blocks.

Cooperation with the specialists of the Tsentralny Okrug Law FIrm gives many opportunities:

  • it saves your time, and it needs minimal involvement of the client in the procedure;
  • there is no need to independently prepare the entire package of documents;
  • minimization of legal risks for conducting redevelopment or (and) reconstruction and sanctions in the form of sale of object of real estate in public auction
  • representation in the courts on cases for the preservation of the premises in a reconstructed state

How can you contact us

You can call us + 7 (473) 20-30-161 or send a request using the feedback form on our website
Our e-mail:
Office in Voronezh: lane Detskiy, b. 24, of. 44
Office in Moscow: Holodilny building 3, construction 8, of. 8304, phone number: +7 (495) 118-27-79.
Author is Alexander Tarkhnov

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